United States Ninth Circuit

In an action claiming that defendant collection agency violated the Fair Debt Collection Practices Act (FDCPA) by charging a usurious rate of interest, summary judgment for defendant is affirmed where: 1) the creditor's assessment of finance charges was not a forbearance, and therefore there was no Washington usury law violation; and 2) the complaint correctly calculated the total debt plaintiff owed, accurately stated the principal owed, and accurately listed the total non-principal amount owed inclusive of interest and finance charges.

Appellate Information

• Argued 12/10/2009
• Decided 01/13/2010
• Published 01/13/2010

Judges

• Before RONALD M. GOULD and RICHARD C. TALLMAN, Circuit Judges, and ROGER T. BENITEZ,District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Michael J. Beyer (argued), Spokane, WA, for plaintiff-appellant Debbie Donohue and all other similarly situated persons.


• For Appellees:
  
• Christopher J. Kerley (argued), Evans, Craven & Lackie, P.S., Spokane, WA, for defendant-appellee Quick Collect, Inc.